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After a divorce, it is common for an individual to go back to their maiden name or take the last name of the person they are remarrying. In Illinois, anyone who has undergone a divorce has the freedom to change their name whenever they would like.
When it comes to changing the last names of children, however, the law is a tad more complex. Following a divorce, a judge will take a child’s best interests into consideration when deciding whether to approve a last name change. Under Illinois law, a judge is required to ask the following questions when a parent would like to change their child’s last name:
Why Change a Child’s Name
It is important to understand that changing a child’s last name following a divorce is a significant legal endeavor. Since a last name plays a vital role in a child’s identity, if you decide to change your child’s last name, know that it will impact them for the rest of their life.
You may choose to change your last’s name if their other parent is not in the picture, has abused your child, or abandoned them. In addition, if there is a stepparent that is adopting your child, changing their last name may create a more united family.
Process of Changing a Child’s Name
If you wish to change your child’s last name after a divorce, you will have to go through the court. It is important to consult an experienced family law attorney who can guide you through the process, answer any questions you may have, and assist you in properly filling out these forms:
Your name change request will need to be approved by the child’s other parent. You will not be able to change their name without their approval unless you are the only one with legal parental rights.
Consult an Experienced DuPage County Divorce Lawyer
If you are interested in changing your child’s name after a divorce, reach out to our highly skilled DuPage County divorce lawyers. Call us at 630-920-8855 today.
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